Transcription
COLLECTIVE AGREEMENTBetweenBRUCE POWER LP by its General Partner BRUCE POWER INC.AndTHE SOCIETY OF ENERGY PROFESSIONALSJanuary 1, 2004 – December 31, 2004
IN WITNESS THEREOF the parties hereto have caused the Agreement to be executed by their properofficers duly authorized in that behalf at Toronto, Ontario.David GalvinLabour RelationsBruce PowerRob Stanley – Vice PresidentBruce Power LocalThe Society of Energy Professionals
TABLE OF CONTENTSPagePART I - PREAMBLE.11.0SOCIETY AND CORPORAT E INTERESTS.1PART II - RECOGNITION .32.03.04.05.06.07.0RECOGNITION CLAUSE.3EMPLOYEE CLASSIFICAT IONS.9SERVICE CREDIT DEFINITIONS.10TEMPORARY ASSIGNMENTS .12EMPLOYEES ON TEMPORARY OUT -OF-PROVINCE ASSIGNMENT .13MID-TERM AGREEMENTS - BUSINESS UNITS.16PART III - VOLUNTARY RECOGNITION AGREEMENT .198.0VRA AMENDMENTS.19PART IV - COLLECTIVE AGREEMENT TERM – NO STRIKE/NO LOCKOUT .209.0COLLECTIVE AGREEMENT TERM - NO STRIKE/NO LOCKOUT.20PART V - UNION SECURITY.2110.011.0SOCIETY MEMBERSHIP AND DUES DEDUCTION.21PRINCIPLES REGARDING INVOLVEMENT WITH RESPECT TO SUCCESSOR RIGHTS.21PART VI - DISPUTE RESOLUTION .022.0NO DISCRIMINATION.23EMPLOYEE INDEMNIFICATION .23VOLUNTARY RECOGNITION AGREEMENT DISPUTES.24COLLECTIVE AGREEMENT NEGOTIATION DISPUTES.24COMPLAINT AND GRIEVANCE/ARBITRATION PROCEDURE .25DISCIPLINE AND DISCHARGE.29PRINCIPLE AND PROCESS OF PRIOR INVOLVEMENT IN JURISDICTIONALISSUES/DISPUTES.29JOB CHALLENGES.30PERFORMANCE PAY COMPLAINTS.30PERFORMANCE APPRAISAL FEEDBACK AND ADVANCED WARNING OF REDUCEDPERFORMANCE PAY STANDING.31ROLE OF SUPERVISORS.32PART VII - SALARY.3323.024.025.026.027.0SALARY SCHEDULES.33ESCALATOR CLAUSE.33PAY AND BENEFITS TREATMENT OF STAFF PAID FROM SALARY SCHEDULE 04 MANAGEMENT AND PROFESSIONAL (M&P) DEVELOPMENT SCHEDULE.50FM&P SALARY SCHEDULE 02.52OFFICE SUPERVISORY AND SERVICES (OSS) SALARY SCHEDULE 05.52i
30.031.032.033.034.0TMS AGREEMENTS.52JOB EVALUATION PLANS.53PERFORMANCE PAY PLAN .55PROMOTION-IN-PLACE PLANS .56TEMPORARY EMPLOYEES .57PART VIII - ABSENCE FROM WORK .6035.036.037.038.039.041.042.0PAID/UNPAID TIME OFF.60EMPLOYEES HIRED AS SOCIETY STAFF .61RELEASE OF SOCIETY REPRESENTATIVES .61VACATIONS.62STATUTORY HOLIDAYS AND FLOATING HOLIDAYS.66PREGNANCY/PARENTAL LEAVE .68SICK LEAVE PLAN FOR EMPLOYEES HIRED PRIOR TO JANUARY 1, 2001 ORCOVERED BY THE TRANSITION PROVISIONS IN ARTICLE 9.7242ASICK LEAVE PLAN (FOR EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2001) .7243.0LONG TERM DISABILITY FOR EMPLOYEES HIRED PRIOR TO JANUARY 1, 2001 ORCOVERED BY THE TRANSITION PROVISIONS IN ARTICLE 9.7343ALONG TERM DISABILITY (FOR EMPLOYEES HIRED ON OR AFTER JANUAR Y 1, 2001)7444.045.0WORKERS’ COMPENSATION LEAVE .75REHABILITATION AND RE-EMPLOYMENT .76PART IX - HEALTH BENEFITS.7746.047.048.0EXTENDED HEALTH BENEFITS (EHB) .77DENTAL PLAN .78SEMI-PRIVATE HOSPITAL ACCOMMODATION PLAN .78PART X - PENSION AND INSURAN CE.7949.050.0LIFE INSURANCE.79PENSION PLAN .80PART XI - RELOCATION ASSISTAN CE.8551.052.053.054.055.0HOUSING ASSISTANCE PLAN .85MOVING EXPENSES.87FINANCIAL ASSISTANCE PLAN .92HOUSE EVALUATION AND GUARANTEE PLAN .93COMPENSATION WHEN ASSIGNED TO TEMPORARY WORK HEADQUARTERS.93PART XII - TIME WORKED OUTSIDE NORMAL HOURS.9656.057.058.059.060.061.062.063.0ON-CALL SERVICE .96OVERTIME.96TRAVEL TIME.98SHIFT WORK (M&P, TMS/TS, OSS).99SHIFT WORK (FM&P).103COMPENSATION AN D WORKING CONDITIONS - 12-HOUR SHIFT SCHEDULE .105SHIFT TURNOVER .112COMPENSATION FOR AUTHORIZATION AS A NUCLEAR SHIFT SUPERVISOR.112ii
PART XIII - WORKING .0EMPLOYMENT CONTINUIT Y .113VACANCIES (RELIEF, ROTATIONS AND SELECTIONS) .137SALARY TREATMENT FOR PROMOTIONS, TEMPORARY ASSIGNMENTS, LATERALTRANSFERS AND DEMOTIONS .143PURCHASED SERVICES AGREEMENT (PSA) .146HOURS OF WORK.151REDUCED BASE HOURS (40 HOUR WORKERS) .151ALTERNATE HOURS OF WORK ARRANGEMENTS.152REDUCED HOURS OF WORK (RHOW) ARRANGEMENTS.155PEAK DEMAND HOURS ARRANGEMENTS/PROJECT CREWS.163WORK SHARING.167ASSIGNMENT OF NON-BARGAINING UNIT WORK DURING A STRIKE/LOCKOUT .168TELEWORKING .169DIRECT DEPOSIT .170CROSSING PICKET LINES OF OTHER UNIONS.170THE PROVISION OF FRENCH LANGUAGE SERVICES.171SPECIAL CLOTHING.172PAYMENT FOR USE OF PERSONAL VEHICLE.173BUSH FIRE FIGHTING AND VOLUNTEER FIRE BRIGADES.174RETIREMENT BONUS.174EXTREME WINTER WEATHER CONDITIONS.174EXTRAMURAL TRAINING .175MEAL EXPENSES .176PART XIV - 95.096.097.098.099.0101.0103.0104.0REPRESENTATION ON BRUCE POWER COMMITTEES.177GUIDELINES FOR SOCIETY REPRESENTATIVES ON BUSINESS IMPROVEMENT (BI)TEAMS.177TRIPARTITE AGREEMENT ON JOINT HEALTH AND SAFETY COMMITTEES .178AUTHORITY TO STOP WORK .179HEALTH AND SAFETY DISPUTES.181JOINT HEALTH AND SAF ETY COMMITTEES.182JOINT WORKING PARTY (JWP).183PROBLEM -SOLVING TEAMS.183PUBLICATION OF COLLECTIVE AGREEMENT.184USE OF BRUCE POWER COMPUTER FACILITIES.184STATUS OF CERTAIN CORPORATE POLICIES AND PROCEDURES .185CODE OF CONDUCT.185LETTERS OF UNDERSTANDING & MID-TERM AGREEMENTS.186NOTE TO PART XV - APPENDICES .187PROFESSIONAL FEES .187HEALTH PHYSICIST BONUS.187PART XV - APPENDICES.188APPENDIX I - RE: UTILIZATION AN D ADVANCEMENT OF PROFESSIONAL ENGINEERS ANDSCIENTISTS.188APPENDIX II - RE: INPUT TO ASSOCIATION OF PROFESSIONAL ENGINEERS OF THEPROVINCE OF ONTARIO (APEO) SALARY SURVEY .190iii
APPENDIX IV - APPLICATION OF THE PURCHASED SERVICES AGREEMENT TO AECL .192APPENDIX V - RE: LIST OF MEDIAT ORS AND ARBITRATORS (INCOMPLETE) .196APPENDIX VII - RE: OUTLINE OF NEGOTIATING PROCESS FOR COLLECTIVE AGREEMENT.197APPENDIX VIII - RE: AMENDMENT TO T HE VOLUNTARY RECOGNITION AGREEMENT (VRA) 198APPENDIX IX - RE: ARTICLE 2 – RECOGNITION CLAUSE.199APPENDIX X - RE: CONFLICT OF INTEREST – SECURITY STAFF.209APPENDIX XII - GUIDELINES FOR APPLYING BURKETT OVERTIME AWARD .210APPENDIX XIII - CLARIFICATION NOTES FOR ARTICLE 74.213APPENDIX XIV - SIDE LETTER.216PART XIII - LETTERS OF UNDERSTANDING.217#1RE: COMPENSATION AND WORKING CONDITIONS - ESSENTIAL DUTYASSIGNMENTS.217#8RE: NEED FOR FLEXIBILITY AND APPROPRIATE COMPENSATION FOR THECONTROL ROOM SHIFT SUPERVISOR (“CRSS”), CONTROL ROOM SHIFT OPERATINGSUPERVISOR (“CRSOS”), AUTHORIZED TRAINING SUPERVISOR (“ATS”), UNIT 0TRAINING SPECIALIST (“U0TS”), OPERATIONS SPECIALIST 1 “OS1” AND SHIFTSUPERVISOR IN TRAINING (“SSIT”) POSITIONS.222#9RE: EXPEDITING REDEPLOYMENT GRIEVANCES AND ARBITRATIONS .228#14RE: HOURS OF WORK FOR FIELD MANAG EMENT AND PROFESSIONAL (FM&P)STAFF.230#15RE: ARTICLE 20.1(B) PERFORMANCE PAY GRIEVANCE PROCESS .232#19RE: FIRST LINE MANAGEMENT SUPERVISORY POSITIONS (TMS).233#20RE: INCENTIVE PLAN .234#22RE: WORKPLACE HARAS SMENT AND HUMAN RIGHTS.236#23RE: REDEPLOYMENT OF SOCIETY-REPRESENTED EMPLOYEES IN BRUCE POWERDURING NAOP.237iv
#24RE: REIMBURSEMENT FOR BNPD HOME EQUITY LOSS.248#26RE: ALLOCATION OF SOCIETY STAFF TO SUCCESSOR COMPANIES.250#27RE: PERFORMANCE COMPENSATION.252#30RE: PROCESS FOR UPDATING THE DRUG FORMULARY TO DECEMBER 31, 2000 .253#73RE: EXPEDITING SOCIETY/BRUCE POWER JURISDICTIONAL ARBITRATIONS(NUCLEAR) .255#74RE: EMPLOYEE ELIGIBILITY FOR INCENTIVE PLAN (LOU #20).257#77RE: SETTLEMENT OF PPM POLICY GRIEVANCE (DECEMBER 3, 1996) ANDNEGOTIATION OF NEW PERFORMANCE PAY PLAN AND JOB EVALUATION PLAN .259#82RE: TRANSFER OF NURSES TO PLAN A.261#84RE: COMPENSATION FOR CRSSS, CRSOSS AND SSITS.262#91RE: POLICY #04-03-04 - “REHABILITATION AN D REEMPLOYMENT” (NUCLEAR).264#99RE: TSSD AUTHORIZATION T RAINING SUPERVISORS (ATSS) AND DISCUSSION OFTHE TRAINING SUPERVISOR - SIMULATOR BASED TRAINING (U0 TSS) POSITIONSFOR THE PURPOSE OF CONDUCTING SIMULATOR-BASED TRAINING COURSES ONSHIFT .265#107RE: CHANGES TO LETTER OF UNDERSTANDING #20 "INCENTIVE PLAN" .267PART XVII - BUSINESS UNIT MID-TERM AGREEMENTS.269#14RE: SOCIETY REPRESENTATION OF AUTHORIZED NUCLEAR OPERATORS INROTATIONS .269INDEX .1v
PART I - PREAMBLE1.0SOCIETY AND CORPORAT E INTERESTSThe object of this Agreement is to promote harmonious relations between Bruce Power andemployees consistent with the preamble of the Ontario Labour Relations Act and the CanadaLabour Code and in recognition of the need for the successful accomplishment of the publicpurposes for which Bruce Power has been established.The objective of the parties is to facilitate the peaceful adjustment of salaries and benefits,working conditions, issues of fair treatment, all disputes and grievances, and to preventinefficiencies and avoidable expenses and to reduce unnecessary delays.Bruce Power's mission is to contribute to the enhancement of the quality of life of the peopleof Ontario by serving their energy needs. The Society's mission is to strive to ensure the bestrewards, career opportunities and working conditions for its members. The Societyrecognizes a responsibility for providing an essential service to the people of Ontario and inworking towards the continued viability and continuity of Bruce Power. Both partiesrecognize the fundamental importance of service to Bruce Power customers.The parties recognize that situations may arise where their missions, objectives, or actionscome into conflict. These conflicts may impact on the bargaining unit and particularly onsupervisory employees represented by The Society. The parties agree that supervisors willbe able to participate fully as members and perform supervisory responsibilities without fear ofreprisal or recrimination by either party.1.1PrinciplesBruce Power and The Society agree to make their best efforts to adhere to the principlestatements found in the Articles of the Collective Agreement in a balanced way, recognizingthat some principles may compete with others. With the exception of the Principles ofAgreement found in the Tripartite Agreement on Health and Safety Committees in Article 89,the parties agree that these principle statements are not subject to the grievance/arbitrationprocedure on their own standing.1.2The following principles were developed by the Joint Working Party (JWP) to guide itsconduct in negotiations and in its ongoing relationship. Bruce Power is encouraged to usethese principles at the local level.1.2.1Issues and interpretations will be dealt with in an open way with the earliest possibleinvolvement of each party.1.2.2Each party will deal with the other in such a way that it effectively demonstrates respect foreach individual's contribution and point-of-view.1.2.3Bilateral meetings will be conducted on the premise that such meetings are a “safe zone”, withno rank within the room, and in an atmosphere where everyone is free to participate and noone dominates.1.2.4Common goals/needs will be identified, and both parties will work together to achieve them.1
1.2.5The primary focus of the parties will be the customer (Customer means Bruce Power'scustomers, together with Society members. Customer focus also includes being sensitive tothe environment - economic, political, environmental, and social).1.2.6Processes will be designed with the involvement of the people who have the knowledge of theproblem or issue. The processes will encourage the resolution of the problem/issue at thelevel closest to the source.1.2.7An honest attempt will be made to resolve all problems/issues internally.1.2.8By virtue of adherence to the above principles, the JWP will endeavour to act as an exampleto the whole organization to show how using those principles, can create a harmoniousrelationship, while at the same time making the customer the primary focus.1.3Partnership PrinciplesBruce Power and The Society are committed to a union-management partnership to mutuallyexplore, discuss, and implement new ways to improve business operations, customersatisfaction, the way we work, and quality of work life.The Partnership mission and objectives are set out in a Tripartite document (BrucePower-Society-PWU) entitled “Partnership – Securing Our Future” dated November 23, 1999.2
PART II - RECOGNITION2.0RECOGNITION CLAUSE2.1Provincial JurisdictionBruce Power recognizes The Society as the exclusive bargaining agent for a bargaining unitcomprised of:All employees of Bruce Power in the Province of Ontario, employed as supervisors,professional engineers, engineers-in-training, scientists, and professional, administrativeand associated employees, save and except for persons who perform managerialfunctions as distinct from supervisory functions; persons employed in a confidentialcapacity with respect to labour relations; and persons in bargaining units for which anytrade union held bargaining rights as of November 13, 1991.2.2Federal JurisdictionThe Society was certified in May 1995 under the Canada Labour Code for a bargaining unitcomprised of the following:All employees of Bruce Power * in the Province of Ontario, employed as supervisors,professional engineers, engineers-in-training, scientists, and professional, administrativeand associated employees, save and except for persons who perform managerialfunctions as distinct from supervisory functions; persons employed in a confidentialcapacity with respect to labour relations; and persons in bargaining units for which anytrade union held bargaining rights as of November 13, 1991.On April 1, 1998, jurisdiction for labour relations for the above-noted federal bargaining unitwas delegated to the Province of Ontario.2.3Clarity Notes2.3.1For the purposes of clarity, the bargaining units set out above:Include:*a)All regular, probationary, graduate students, reduced-hours and temporary employeeswhose functions are included in the classifications paid from Salary Schedules 01, 02,04, 05, 11, 12, and 15.b)Employees in Bruce Power whose full-time duties are security FLM work.Bruce Power Nuclear is a business unit employing all persons who are employed on or in connection withnuclear facilities that come under Section 18 of the Atomic Energy Control Act.3
Exclude:a)Those persons who perform managerial functions as distinct from supervisory functions.An employee is performing managerial functions if:i)He/she performs managerial functions such as hiring, promotion, performanceincrease, discharge, etc., over other employees in the bargaining unit; andHe/she is required to spend the majority of his/her time performing managerialduties; andHe/she supervises at least seven (7) employees (directly and indirectly) on aregular and continuous basis; orii)2.3.2He/she supervises persons who are excluded from The Society’s bargaining unitby reason of performing managerial functions or being employed in a confidentialcapacity with respect to labour relations.Definitionsa)“Supervisors” means employees who primarily perform supervisory functions, includingthe requirement to make recommendations regarding any staff or personnel matter.These staff or personnel matters include, but are not limited to, such areas as selection,promotion, appraisal, discipline, transfer, staffing needs, work methods, changes interms and conditions of employment, grievances, or the interpretation and administrationof the applicable Collective Agreement. “Supervisors” includes employees in otheremployee classifications who perform supervisory functions.b)“Professional engineer” means either: a) an employee who is a member of theengineering profession entitled to practice in Ontario and employed in a professionalcapacity; or b) an employee with equivalent credentials who is in a position that requiresengineering expertise and specialized knowledge. This definition includes all employeecategories included under the heading of “Professional Engineer” listed in Attachment Ato Appendix I “Utilization and Advancement of Professional Engineers and Scientists” inthis Agreement. “Professional engineers” includes employees who satisfy these criteriaand who are required to perform supervisory functions.c)“Engineers-in-training” means an employee who has completed a course of specializedinstruction in engineering sciences and graduated from a university or similar institution,who has not satisfied all the requirements for practicing as a professional engineer andwho is on a structured training program to partially satisfy these requirements.d)“Scientists” means employees who are university graduates in the Natural Sciences, theApplied Sciences, Mathematics or Computer Sciences, who are not classified asprofessional engineers, and who are engaged in the application of this specializedknowledge in the course of their employment. This definition includes all incumbents inpositions identified under the heading of “Scientists” listed in Attachment A to Appendix Ientitled “Utilization and Advancement of Professional Engineers and Scientists” in thisAgreement. “Scientists” includes employees who satisfy these criteria and who arerequired to perform supervisory functions.4
e)“Professional employee” means an employee who:i)In the course of his/her employment is engaged in the application of specializedknowledge ordinarily acquired by a course of instruction and study resulting ingraduation from a university or similar institution; andii)Is eligible to be a member of a professional organization that is authorized bystatute to establish the qualifications for membership in the organization; oriii)Performs the functions, but lacks the qualifications of a professional employee.“Professional employees” include employees who satisfy these criteria and whoare required to perform supervisory functions.2.4f)“Administrative employee” means an employee who normally supervises personsengaged in office administration, construction, security or maintenance work who arerepresented by another trade union. This definition includes employees who share acommunity of interest with “supervisors”.g)“Associated employees” means employees in positions which normally require auniversity degree or equivalent education or experience. This definition encompassesemployees who share a community of interest with “professional engineers”, “scientists”or “professionals” and includes, but is not limited to, Nurses and System ControlOperators. “Associated employees” includes employees who satisfy these criteria andwho are required to perform supervisory functions.Supervisory Employees - Code of EthicsBruce Power agrees to include supervisory employees in the bargaining unit on the conditionthat the parties recognize that supervisory employees will continue to exercise key functions inthe control
Compensation When Assigned to Temporary Work Headquarters Article 55 On-Call Service Article 56 Travel Time Article 58 Shift Work (M&P, TMS/TS, OSS) Article 59 (except 59.3) Shift Work (FM&P) Article 60 Compensation and Working Conditions - 12 Hour Shift Schedule Article 61 (except 61.2 and 61.3) Shift Turnover Article 62
